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HomeMy WebLinkAbout09-1526 JOHN R. HOCKENSIVHTH PLAINTIFF V. JAMES B. ROSARIO and DONNA K. FRANCISCO, his wife, DEFENDANTS : IN THE COURT OF CO: : CUMBERLAND COUNT CIVIL ACTION - LA NO. 2009 - ) S-,)-4 C] NOTICE TO DEFEND You have been sued in court. If you wish to defend against following pages, you must take action within twenty (20) days after to notice are served, by entering a written appearance personally or by alto: with the court your defenses or objections to the claims set forth again that if you fail to do so the case may proceed without you and a judgmei you by the court without further money claimed in the complaint or for requested by the plaintiff. You may lose money or property or other rigk VION PLEAS OF ,PENNSYLVANIA TERM claims set forth in the complaint, order and ey and filing in writing you. You are warned may be entered against 1v other claim or relief important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ON E. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU C GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 4- , AMERICANS WITH DISABILITIES Act of 1990 The Court of Common Pleas of Cumberland County is required the Americans with Disabilities Act of 1990. For information about reasonable accommodations available to disabled individuals having please contact our office. All arrangements must be made at least 72 or business before the court. You must attend the scheduled conference 2 law to comply with facilities and before the court, prior to any hearing hearing. JOHN R. HOCKENSMITH : IN THE COURT OF CO ON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JAMES B. ROSARIO and NO. 2009 - C TERM DONNA K. FRANCISCO, his wife, . DEFENDANTS COMPLAINT BREACH OF CONTRACT AND NOW, this 19a` day of February 2009, comes the Plaintiff, JOHN R. HOCKENSMITH, by and through his attorneys, Irwin & McKnight, and makes the following Complaint against the Defendants, JAMES B. ROSARIO, and is wife, DONNA K. FRANCISCO, as follows: 1. The Plaintiff is John R. Hockensmith, an adult individual who sides at 270 Mohawk Road, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendants are James B. Rosario and his wife, Donna K. Francisco, who currently reside at 139 East Orange Street, Carlisle, Cumbe rland County, Pennsylv t a 17013. 3. On or July 6, 2006 the Defendants entered into a commercial lease with the Plaintiff for the lease of 1227 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013. A copy of the written lease is attached hereto and made a part of this Complaint and marked as Exhibit "A". 4. The lease term expires on August 31, 2011 and the rent remaining addition to the rent, there were damages in the amount of One Thousand Five and no/100 ($1,575.00) Dollars. $43,200.00 In Hundred Seventy 3 . , w 5. The Plaintiff is also seeking reasonable attorney fees of Two Thou?and Five Hundred and no/100 ($2,500.00) Dollars with costs and interest as permitted by 6. The total amount owed by the Defendants are: Balance of Damages ..........................$43,200.00 Damages to the Property .......................1,575.00 Legal Fees .............................................2,500.00 Costs .........................................................150.00 Interest from August 31, 2008 .................865.00 Total ................................................. $489290.00 WHEREFORE, the Plaintiff requests judgment against the Defendants, James B. Rosario and Donna K. Francisco, his wife, for the sum of Forty Eight Thousand Two Hundred Ninety and 00/100 ($48,290.00) with costs and interest as provided by law. Respectfully submitted, Date: February 19, 2009 IRWIN & MCKNIGHT BY-/- k---- rcus A. cKnight, III, E reme Co I.D. #: 25476 0 est P t Street Carlisle, PA 17013 (717) 249-2353 Attorney for the Plaintiff 4 EXHIBIT "A" LEASE AGREEMENT ^-?iTH,?s LEASE ^- made this Day Landlor and -4 The Owner or BETW Z- --7accer w hether , one or more ref I " WITNESSETH: erred to as,,"Tenant ) ?. Owner hereby leases to Tenant and -?ts =rc^? the former the a the let ti ??•?' ?. Prtment desi Hate ( er .alled the"premis is 0 o__=hs eo_ n_ ?9 on. the yf eS , for the term of F y Of r y day of a 1 nd ending on e rent 'of S ^ y r -T ^° - e in monthly installment"j' per C'.CP-L due on the lot ?_of each and '---- eveYy month =s upcn: the following terms and conditions: dent. Tenant above on the agrees to pay to Landlord =e_ cent` 1.t the monthly rent 71- ---ulord shal-day Of each month in dean -_ designate. Tenant fur ce, at Suc? =_ - -t:? ?e ?dpercent per mont t er shall ca,, 3 h of the amount OF -- 21/C he 5 -daY of each month. rf re- e^c r J day of an ntal payment is ^ra`s will accrue any given month additiona? e? <f rental at $5.00 per day un it - late is mailed, the postmark - Paymenc. If an date l payment is Y check for the will determine _^ybq charged. funds or other reason snta ''s returned _ _rv. 520.00 service _. -- er of Notice and agrees uit. Tenant hereby c waives exc ?.-•v_ --- ees CO surrender . ----- ? term, said the usual or the terminati nhe premise yeas°• forfeiture s at the ":.tsoev r or otherwise Of h-s lease for e_ If proceedin s withou noti cssession of the premis eSshall be comment d b ce from earl, either th Y lessor cc _v earlier - term'-n at ation of the lease , e_, expiration cf v other reason ° ,- con n _.:ree months tenant spec?f ca n n° -oa`rne.nt notice and t ?,a=ves h _- ---e r an. y other not O fifteen i_5) Che _nt cf 1951 ice required or th•rt`, lever as amended, uncle the Landlord be required. and agrees t at no notice (1) I -ena-^-t Pre-Mature Te lease without rmination. cause prior Tenant written notice tO to its expiration may terminate this ya' advance ofL thelote mat least two ful l ate only by giving .? t cr '5th of tlon date effectia eend from months (60 _s to terminaton given daten month' and, either the "=c =c the Tenant elects Tenant must :'me nctice is given, all Pay to Landlord move " - "-t, rent must be rent due to the termination at the ? r of paid to termination dat date. In e`?e the unit must be maintained Prior to Tenant s ut_lities must be maintained "='?='=a==on to termination date, by the Tenant takes termi to Ion date. Ir a ^nat.on date, Tenant shall effect pri also ° to the `-?e of termination is pay tc La the Sinai given a Penal dlord at "-_ -natlcn. This-penalty or penalty fo the time -s penalty will be determinedyas°follows: it i early lease is not refundable. i) If at the ??=er the noti time the lease -or less than Ce is given) you will have rErmin ented ates (60 days six (6) full months Of from Lan yc,-, must pay to Landlord Leas Landlord rent as the the amount or Renewal Term penalty. equal t three (3) months 2) If You will have six (6) full months burn ie 'from Landlord for more of Lease than nin (9) than (2) Months oren Renewal Term, the full months Penalty will equal two 31 If you will I nine have rented from Landl (9) full months of Lease or rd for more than penalty will equal one (1) months Rrent. Term, the . Re-ncal rent !? r Increases and Renewals. e.-t or change the Lan _,; e. term of th, dlord ma a? least s Lease Y Increase the "- c= the month i Seventy (70) days °`n ritten not =erg: in which the in in adva -ce to s effective, but in rent Ce of the first the Lease ter Landlord may no r t make o` change in Lease -?c' aJeJ - - during the a increase or a or change in Le term of t "ecYf=ed by Landlorda. Lease term shall take off e Lease. -n -e- th s lease e t in Rent ^r^ 5nealsame terms r-d conditions shall contln>e for a the manre, 9-,ve notice as stated ? like term in wrihin here n unless term_nate/tua's prior to the end g to the other e1-then he lease of this lease of party at least ccnd,r, agreement or continue Is intention to CnS same under changed se. No unit terms ` ?='Nate dwelling for the Tenanfor or any Other - 17med<ate family purpose other ccc?r,. c . NO Tenants and his P , het _ ° f anY nature shall be Professional bus n e o_ ^- even if accesses Permitted to be ss or home y CO the conducted with _e-ant shall n.ct ma n 'ep= permit in residential " ?p°n or within, the Unit or whichuffer anything to bee °f the will interfer done or (2) with the I n r=ghcs of the other occupants, annoy them with unreasonable noise or cthe-wise, nor will Tenant commit or perm t any nuisance s comm_c or suffer any immoral or illegal act to e committed withiin 1 6. Utilities. Tenant understands that equipment for utilities to service the Unit is installed herein and Tenant agrees that the cost of utilities shall be paid as follows: UTILITY m,. -- - :eacing of Premises .eating of Water for Premises Electricity Cas (cooking) 1tiater "=e-_ephone a--_e `7V Service Se%%?er -rash rd La Acrd shall have the right temporarily to step the services of in the event of accident affectin g the _ac_1state repairs or alterations made to the Bu 1 ding same or to - Care of Premises. Tenant shall use du care in the use c. the premises, the appliance.s therein, and all other parts of cr r.gent's Property. It shall be the responsibility of Landlord to repair and maintain, at Landlord's ap?'ia-:ces including, but not limited to, washer and dryer, ange, refrigerator, trash compactor,; dishwasher and =-e disposal unless it is determined the ne d f to tenant negligence includin or repair was -ca == g the washer, foreign matte g in but .lot 1 i mited to, Panicles in dishwasher, damage to freezero hileg defr clog, == appl_cable, etc. In the event that an ?f the regain, aopliances shall not be repairable, Landlord will, at Landlord's exce-:se, replace said appliance. Landlord =sc-ecion as to whether an hall have full -ec=aced. Upon the expiration eriorppoo ere tea lobe repaired his this ail appliances not in working condition s`-all be reca,red 7e-a-:c's expense and the cost thereof shall ededucted from security deposit as hereinafter Rules and Re ulations Concernii provided. Use an s use and occupancy of the Unit, and other, pportionsoanc of the shall be subject to the following regulatl ons: A. No dog, cat or other animal of ny in ,-ought, permitted or kept in th apard x'-11 be tmer.c or elsewhere on the owner's property. 7 3. Tenant(s) members of his (their) fa it -.- sitars and servants shall not at an y, his ,their noise, do an thin t me mace any Y g or conduct themselves in any (3) way which disturbs an with the ri hts y other reside it 9 comfort, or conveniences resident. Musical or sound f lanerferes or s' reproduc n o y other outside the apartment between 11 o g instruments 9 o'clock the followin clok g morning. each night and C. No resident shall maintained an place or permit to be any sign or advertisin placed or ttr any roof aerial or other structureailne an or device the apartment or or elsewhere y window of property. No resident shall or up°n the Owner s placed or maintained any awninPlace or!, permit to 9, screen', shade or be cn or at °fany window of the apartment w'1 blind the Owner thout prior and windows due or Agent. Damage to storm doors responsibility of the tenantgligence will be the . D. Tenant shall installations use plumbing nd shall be full Only for their intended electrical y responsible for- the main e apures nceosf and and for cleaning any stoppages in lines. of same waste water E. Maximum occupanc will be y' NO more than wi e permitted to as th -?---- person (s) j ' ,?arir.,lr h„ apartment, designated F. Tenant(s) agree(s) that Owner or A their regulations from time to ? co protect g nt may change the apartment time as ay be requ'red add to tenant or Owner's oth r Tenan s enjoyment of it. property to tcs) are allowed only _ Parking lot. park'lin 9 space(s)in y Deliver of circumstances POSSession b Landlord. shall not be read and Landlords If, due to y for Occupancy control the unit the term herein nevertheless remain provided thisthe? beginning °f abated p in effect and the Lease shall pr * shall innately untiler.t shall be Landlord of be liable for Unit is ready the unit shall not delay,' Y and days be ready of Occupan provided, if after the beginning of the y sixty (60) provided, Tenant shall have ter Lea as herein. se the right by written notice delivered t cancel this ='me after the expiration to La.dlor after the Unit of sixty (60) d at a ny a f f h s ready of occupant T aYs' but not limiced to such right of e.an Upon such cancellation t s remedy neither can ellat-on and norther rights against the party sh ll repay any deposit made b y other, said L n dlohave a cccupy rd shall ll the U.,,t Dr,cr tothenar.t. rf _ena _t shall 1 begi-;n,ng cf the -erm as herein provided, such occupancy shall be subject to the terms of this Lease and Tenant shall pay prior to o ccupying the Unit rent for the same period from the date 10. Da ma efbvuFireccupfn?hetUniteisedamal d of said term. y fire or her zas-=a'ty, Landlord shall repair within a reason b le time and orent == ccntinue unless the casualty renders the nit unten.antablet -? r ch case this lease shall terminate and Tenant, upon pa all rent to the date the Unit is surrendered, shall not ebe -=able nor any further rent. rendered untenantable, the Tenant may, a porti on of the Unit is Landlord, alternatively choose to continue h in possess ag lreement s"='1 Thereupon be entitled to a pro rata reduc?ionintheamountt rent provided 'that the election -_terna,,ve shall not be a waiver of Tenant's r?ightd tonterminate -- repa;rs are not made within ninety (90) days.i Propert Damage and Personal In urv. crd shall not be liable for enant agrees that - -ry occurri g property damage or personal n g the Unit or elsewhere on the Propert e damage or injury results directly from Landl',ord s ne runless TEr?a"'t -is instructed to purchase, at ? g Bence. Homeowner's Policy to insure his personTenat' al Winj-?s, -lt T y:tosT a Tenant's occupants, guests, or visitors, enant, other elsewhere on the Property, that occurs within the Unit or 12 Right of Entry. 'Landlord, or an Landlord, shall have the right to enter thep Un? t attreasona le times to inspect, replace appliances b es to at on as needed, is given, to show the Unit to and, after notice `=crd sha=1 give Tenants notice of his or their Tenants. pro `-?-- -- possible. However, their intention to Tenant consent shall `cessary in case of emergency. not be 3 Security Deposit. Tenant agrees to :pay as security aeposit the amount of -(? 0 •_ a J &6 ZDollags prior to the occupancy of the ; ($ security deposit shall be held b nd Unit. The fcr the payment of all rent and 'other mounts as security Tenant to Landlord, for amounts due from this Lease and against an the Tenant's performance of Tenant's family or other occu amages pants toulthe Un t oant he Ten or Owner's Property. Tenant understan the and agrees that the security deposit may not be appllc? against any other amount due from Tenenras rent or as without Landlord's written consent to Landlord, rent will be paid each month, includin dthehlastmonth- of the Lease term. Within thirty (30)ii da the termination of this Lease days following the security de osi , Landlo d shall return. account of amou t s owedless any deductions from it on pa`,'able to l , Y Tenant to Landlord a-- persons by chec- (S) signing this Lease, mailed to a forwarding address which must be furnished by Tenant in writing within s twenty (20) days after removal from the nit. THERE WILL BE A CLEANING C r 14 HARGE AND/ORARPET CLEANING CHARGE, IF NECESSARY, UPON MO OUT. _ Default A. If any rent for the Unit comes due under the terms cf this Lease and if the same remains unpaid for five (5) days aster written notice thereof by Landlord to Tenant,!, there shall be Deemed a default of this Lease. 9. If Tenant fails to comply with any''term, covenant or provision of this Lease other than the and if tenant shall fail to make reasonable measuresotorcure such noncompliance within fifteen (15) days after written notice thereof by Landlord to Tenant, there shall be deemed a default of this lease. C. If Tenant shall file a petition inl bankruptcy or receivership or if such a petition 'is filed against Tenant and reasonable measures to discharge same are not taken within thirty (30) days or written notice of such petition by Landlord to Tenant, there shall be deemed a default of this Lease. D. If Tenant shall make an assignment for the benefit of creditors or becomes insolvent, deemed a default of this Lease. here shall be E. Upon default of this Lease, Landlord may enter the as agent of Tenant and in Landlord's ^thouc being liable for prosecution or damages wtherefor relet the Unit as agent of Tenant and receive rent Therefor. F. Upon such entry, Landlord shall use reasonable ___cres co relec the Unit. G. Upon such entry, all rights of Tenant to possess the unit under this Lease shall be forfeited. ,Such entry by Landlord shall not operate to release tenant 'from any rent cc be paid or covenants to be performed d4ring the full cerm of this Lease. H. Upon such entry, Landlord shall be authorized to make such reasonable repairs in or to the Unit as ma necessary to place the same in good order and ?co y be the purpose of reletting. condition for I. Tenant shall be liable to Land ord for the reasonable costs of such repairs and a 1 expenses in reletting, includin reasonable g, ut real estate brokerage commission actuall not li ited to, any 6) y paid. ( il 15. Collections. Any unpaid monies due 30 days after tenant receives statement will be turned over to a collections agency. Tenant will be responsible for legal costs, cost of collections, court costs, and any other fees -associated with the collection of monies owed. 16. CONFESSION OF JUDGMENT FOR POSSESSION OF UNIT, TENANT AGREES THAT IF THIS LEASE SHALL BE TERMINATED, EITHER BECAUSE OF CONDITIONS BROKEN DURING THE TERM OF THIS LEAS OF ANY HOLDING OVER THEREOF, OR WHEN THE TERM HEREBY CREATED SHALL HAVE EXPIRED, THEN, IN THAT EVENT, LANDLORD MAY CAUSE A JUDGMENT OF EJECTMENT TO BE ENTERED AGAINST TENANT FOR POSSESSION OF THE IT, AND FOR THAT PURPOSE TENANT HEREBY AUTHORIZED AND EMPOWERS Y PROTHONOTARY, CLERK OF COURT OR ATTORNEY OF ANY COURT OF RECD TO APPEAR FOR TENANT AND CONFESS JUDGMENT AGAINST TENANT IN EJECTMENT FOR POSSESSION OF THE UNIT. FURTHER, TENANT COVENANT AND AGREES THAT LANDLORD MAY COMMENCE AN ACTION PURSUANT TO THE PENNSYLVANIA RULES OF CIVIL PROCEDURES FOR THE ENTRY OF AN ORDER IN EJECTMENT FOR POSSESSION OF REAL PROPERTY, AND TENANT FURTHER AGREES THAT A WRIT OF POSSESSION PURSUANT THEREOF MAY BE ISSUED FORTHWITH, FOR WHICH AUTHORIZATION TO CONFESS JUDGMENT AND FOR THE ISSUANCE OF A WRIT OR WRITS OF POSSESSION PURSUANT THEREOF MAY BE ISSUED FORTHWITH, FOR WHICH AUTHORIZATION TO CONFESS JUDGMENT. OF A WRIT OR WRITS OF POSSESSION PURSUANT THEREOF, FOR THISHLEASE ISSUANCE OR A TRUE AND CORRECT COPY THEREOF, SHALL BE SUFFICIENT WARRANT. Tenant, by affixing his signature immediatelyllat the end of this paragraph, hereby consents to the warran of attorney to confess judgment and such consent is made and rstandingly, intentionally and voluntarily and that Tenants annual income is in excess of $10,000.00. 17 Subordination. This Lease it subordinate to the lien of all existing mortgaT sect gesb)and alld mortgages hereinafter placed upon any part of the includes this unit. Tenant agrees, on request Property which further instruments evidencing such subordination its Landloe such request, and, if Tenant fails to do so, Landlord ishhereby ,empowered to do so in the name of Tenant. reby 18• Assigning and Subletting Tenant shall of assign this ase or sublet all or any portion of the Unit wit out Landlord' .'ior written consent. s x'19• Declaration of Governin Laws. - This Leae shall be ned by, construed and enforced in accordance w'thsthe laws of ' onwealth of Pennsylvania. 20• Cumulative Remedies. The specified remedies to whi Landlord may resort under the terms of this Lease are cumulati and are not intended to be exclusive of any o :her remedies means of regress to which Landlord may be lawf lly entitled case of any default or threatened default by t,e Tenant of a_1 provision or provisions of this Lease. 21 . Entire Acrreement and Modification the entire agreement between the parties ants Lease contains agreements hereafter made shall be in any executory or discharge this Lease in whole or in part, unle s such execuotory agreement is in writing and signed by the parties against whom enforcement of the Lease, modification or discharge is sought. 22. Lease Bindin Upon Heirs Executors Administrators Successors and Assi ns. The term "Tenant use d herein shall refer collectively to all persons named above, and signing this lease as Tenant, and the liability of each such person shall be point -and several. Notice given by Landlord to any person named as Tenant or by any such person to Landlord, shall bind all persons signing this lease as Tenant. -The term "Tenant" shall also refer to any persons named as s' exeo, administrators, successors, of the respective parties heretouasrif they were in every case named and expressed. 2?. Severabilit If any provision of this Lease shall be declared invalid or unenforceable, the remaining provisions of this Lease shall continue in full force and effect-1 IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their'Ihands the date and year first-above written. and seals ENANT: I 'C'WNER : r VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 P . C.S.A. Section 4904, relating to unworn falsification to authorities. Date: February 19, 2009. 5 N C? <rn ,i co T-? Q F9>1 Sheriffs Office of Cumberland County R Thomas Kline st tumbrr, Edward L Schorpp Sheri 74 Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE OF r"E SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/23/2009 09:30 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 23, 2009 at 2130 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: James Rosario, by making known unto James Rosario personally, at 139 North Orange Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 03/23/2009 09:30 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 23, 2009 at 2130 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Donna Franciso, by making known unto Donna Franciso personally, at 139 North Orange Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $48.92 March 24, 2009 SO ANSWERS, lR THOMAS KLIN SHE F ty Serif Docket No. 2009-1526 John R. Hockensmith v James B. & Donna K. Francisco ` """ wiG r•?r? 1 Wd S? UP. 60OZ SKARLATOS & ZONARICH LLP John R. Zonarich, Esq. John B. Zonarich, Esq. Skarlatos & Zonarich Building 17 South Second Street, 6`h Floor Harrisburg, Pennsylvania 17101 Telephone: (717) 233-1000 Facsimile: (717) 233-6740 Email: jrz@skarlatoszonarich.com jbz@skarlatoszonarich.com Attorneys for Petitioners, Ronald L. & Susan L. Woolf, Parents and Natural Guardians of Dale C. Woolf, a minor, Kathi A. Woolf, a minor, and Aimee S. & David R. Woolf, Jr., Parents and Natural Guardians of Skyler A. Woolf, a minor IN RE: DALE C. WOOLF, KATHI A. WOOLF, SKYLER A. WOOLF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 09-1562-Civil Term AFFIDAVIT OF DEPOSIT OF MINORS' FUNDS The undersigned, counsel for Ronald and Susan Woolf, parents and natural guardians of Dale C. Woolf and Kathi A. Woolf, and David and Aimee Woolf, parents and natural guardians of Skyler A. Woolf, a minor, hereby certifies that the individual settlement amount of $1,500.00 (Dale C. Woolf), $1,000.00 (Kathi A. Woolf), and $1,000.00 (Skyler A. Woolf) as set forth by this Court's Order dated March 27, 2009, was deposited by Commerce Bank (Dale C. Woolf & Kathi A. Woolf) and Sussex Bank (Skyler Woolf) into a restricted, federally insured account, marked "No withdrawals prior to age 18 without prior court approval." Dale C. Woolf, a minor, February 5, 2013, Commerce Bank NA, Account No. 1600546. Kathi A. Woolf, a minor, January 25, 2016, Commerce Bank NA, 1600547, and Skyler A. Woolf, a minor, February 14, 2018, Sussex Bank, Acct No. 75020920. Proof of deposits are attached hereto as Exhibit A. 7["OS & ZONAIII CH LLIP DATE: 06/03/09 By: j . Zonarich, Esq re cation No. 2 . Zonarich, Esquire cation No. 79989 Skarlatos & Zonarich Building 17 South Second Street, 6 h Floor Harrisburg, Pennsylvania 17101 Telephone (717) 233 - 1000 Facsimile: (717) 233 - 6740 Email: jrz@skarlatoszonarich.com jbz@skarlatoszonarich.com Counsel for Parents and Natural Guardians of Dale C. Woolf, Kathi A. Woolf, and Skyler A. Woolf, minors Page: 1 Document Name: untitled TDDIAV TD DISPLAY AVAILABLE ( LST BANK 0184 ACCOUNT NUMBER 0001600546 TITLE DALE C WOOLF UTTMA SEQ TY EXPIRES AMOUNT NBR 01 3 02/05/13 .00 02 3 02/05/13 .00 03 2 02/05/13 1500.00 SPECIAL INSTRUCTION TYPES 1 - STOP PAYMENT 2 - HOLD 3 - SPECIAL INSTRUCTIONS DESCRIPTION NO WITHDRAWALS PRIOR TO AGE 18 WITHOUT PRIOR COURT APPROVAL PER COURT ORDER CAS 6137 ACCOUNT SALA14CE INFORMATION CURRENT BALANCE 1,500.00 HOLDS 1,500.00 PRESS ENTER TO RETURN TO TD DISPLAY AVAILABLE. Date: 5/22/2009 Time: 9:47:28 AM Page: 1 Document Name: untitled TDDIAV TD DISPLAY AVAILABLE LST BANK 0189 ACCOUNT NUMBER 0001600$47 TITLE KATHI A WOOL? UTTMA SEQ TY EXPIRES AMOUNT NSR 01 3 01/25/16 .00 02 3 01/25/16 .00 03 2 01/25/16 1000.00 SPECIAL INSTRUCTION TYPES 1 STOP PAYMENT 2 - HOLD 3 SPECIAL INSTRUCTIONS DESCRIPTION NO WITHDRAWALS PRIOR TO AGE IS WITHOUT PRIOR COURT APPROVAL PER COURT ORDER CAS 6137 ACCOUNT BALANCE INVORMATION CURRENT BALANCE 11000.00 HOLDS 1,000.00 PRESS ENTER TO RETURN TO TO DISPLAY AVAILABLE. --- - ----------- Date: 5/22/2009 Time: 9:48:05 AM E00/E00 'd cccc'ji o r vu l ? 05/07/2009 16:57 FAX 973 383 1201 5/07/09 SXYLER A WOOLF AIMEE WOOLF CUSTODIAN 405 PIDGEON HILL RD BRANCHVILLE NJ 07826 New Account Severity Message Sussex Bank-Newton Deposit Inquiry Page 1 of 6 16:11:56 CIF number..,,.. W001557 0 Home phone no... (000) 000-0000 Business phone_ (000) 000-0000 Tax ID number... 223-87-2722 Type/Group. STATEMENT SAVINGS 25 Account no... 75020920 S 1of1 Current balance 1,000,00 Officer FW Collected balance Available balance 11000,00 Date opened 5/01/2009 Available cash bal. .00 .00 Date Date last active last overdrawn 5/05/09 0/00/00 Yesterdays bal Y-T-D interest 1,000.00 Date last interest paid 0/00/00 Last interest .00 .00 Date Date last deposit last statement 5/05/09 0/00/00 Last deposit Last stmt balance 1,000.00 Date last contact 5101109 Accrued interest .00 .02740 Date last file maint 5/05/09 Interest rate Overdraft limit .500 Stmt/ service charge cycle 14 14 Original Customer date 5/01/09 Servi ce charge code/type 25 C F2=Image F3=Exit F12=Previous F4,F5= F8=Maintenance F9=Relationships F10=SP HistOry /HD/SI/AT More... F6=Messages F7=Addresses F11 =Memo post F24= More keys 9002 05/07/2009 16:57 FAX 973 383 1201 SUSSeX Bank-Newton 5/07/09 X003 Deposit Account 16:11:45 SKYLER A WOOLF W001557 75020920 5 Alert messages Expiration IA NO WITHDRAWALS PRIOR TO AGE` 18 WITHOUT PRIOR COURT APPROVAL 9/14/18 ate code M =Exit F12=Previous F10-A11 Accounts Bottom I ! . CERTIFICATE OF SERVICE I, Sherry L. Devlin, an employee with the law firm of Skarlatos & Zonarich LLP, hereby certify that I this day served a copy of the foregoing AFFIDAVIT OF DEPOSIT OF MINORS' FUNDS on the person(s) indicated below by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: The Honorable M. L. Ebert, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Ronald & Susan Woolf 200 W. Main Street Walnut Bottom, PA 17266 David R. Woolf, Jr. Aimee S. Woolf 405 Pidgeon Hill Road Branchville, NJ 07826 Date: 06/3/09 Sherry L. Devl' Paralegal FiLID--Oi FI OF THE PROTHONOTARY 2409 JUN --4 Phi I: 07 NTY PbNiy6YLIAdirt John R. Hockensmith P~ain.tif f l ~v 2009 - 1 526 Case No ~`=~ ~ ~ ~ . _ vs ~ v ~~ James B. Rosario and ~~ o T,-r, ~ Donna K. Francisco, his wife, _ ~tTl C'~ -~s t-= Defendants ~~ - ~ ~~~ Statement of Intention to Proceed ~~ ~~; r ~ .~~ a~ ~' h C r~> © ,_ ourt: ~, ~: e.a 1 o t e t + ptioned m~' ttet~'''~..~ Plaintif f intends to procee ith the above c The :z-t a _ v sY Print Name Marcus A. McKnight, III Sign Namely t~ Date: October 26, 2012 Attorney for the Plaintiff _____._ _____ Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Kule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. I. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule cif Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. ll Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from. the judicial system. The process is initiated by the court. .After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course tetTrtinating the matter writh prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated li' the action is terminated when a pang believes that it should not have been terminated, that party may proceed under Ru1e230(d) for relief from the order of termination. An example of such an occurrence might be the termination of• a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did. not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within. the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2.